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Advocate in Chandigarh Secrets

by Numbers Fetherstonhaugh (2018-10-29)


(emphasis laid by this Court) The findings of the learned single Judge have been upheld by the Division Bench and we do find any reason to interfere with the same. Under the scheme of Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989 the dealer cannot permit the purchaser to use the motor vehicle and thus enjoy its possession unless and until a temporary or permanent registration is obtained by him. Hence lawful possession with the right of use is permissible to be given to the intended owner only after reaching the vehicle to the office of Registering Authority.

7) The Tribunal, by award dated 18. Thus seen, in practical terms though sale precedes the event of registration, in normal circumstances Advocates and as the law stands, it is co-terminus with registration of a new motor vehicle. But this legal proposition does not take the appellant far. 3 has renewed all the GMU and SMU licenses for a period of three years in terms of paras 16. Neither the manufacturer nor the dealer of a motor vehicle can permit the intended purchaser having an agreement of sale to use the motor vehicle even for taking it to the registration office in view of the statutory provisions already noticed.

carried on by workers not covered by any other entries in the Schedule. It must be carefully seen as to when the properties, particularly possession of a motor vehicle passes or can pass legally to the purchaser, authorizing him to apply for registration. 24,73,252/- along with interest @ 6% p. This was done even before Para 16. He claimed that he was not liable to compensate the deceased as he had died on the spot due to his own negligence, as he had tried to enter the vehicle while it was in motion.

The first contention of Shri Cama, that the 1970 Scheme, insofar as it provides for employment in a factory manufacturing chemical products, is ultra vires the Schedule to the 1969 Act, has to be rejected. For this reason, we are of the view that the provisions of the 1970 Scheme dealing with manufacture of petro chemicals in factories would be within the coverage of the residuary entry i. Having understood the 2010 Policy in its true spirit even before the amendment of Para 16.

This being so, no part of the 1970 Scheme is ultra vires the 1969 Act. It must also not be guided by any extraneous considerations which are antithetical to equality. A three Judge Bench of this Court in the case of R. Shri Viswanathan also relied upon a Division Bench judgment of this Court in Kulwant Kaur and Others v. 3 projects the said policy in a different light by seeking to give it an interpretation which runs contrary to its plain language.

On the contrary, all the GMUs and SMUs were treated under one category. If the 2010 Policy is understood as providing renewals only in respect of the licenses issued under the said Policy, there was no reason why the respondent No. We agree with learned counsel for the respondent that clause 5 of the Schedule to the Act is a residuary clause which would rope in employment in factories in connection with loading, unloading, etc.

Only thereafter, the vehicle can safely be said to be no more under possession of the dealer. Hence, in order to satisfy the requirement of law noticed above, the dealer can deliver possession and owner can take possession and present the vehicle for registration only when it reaches the office of Registering Authority. Irrespective of whether the licenses were granted by the Railways prior to 2005 or by the IRCTC from 2005 and by the Indian Railways after 2010, renewal of licenses is envisaged for all these categories of licensees subject to their fulfillment of the three requirements as referred to hereinbefore.

Clearly, mere mentioning of engine number and chassis number of a motor vehicle in the invoice of sale does not entitle the intending purchaser to appropriate all the goods, i. Only after obtaining valid registration under the Motor Vehicles Act, the purchaser gets entitled to use the vehicle in public places. While the 2010 Policy proper has not envisaged renewal of the existing licenses for a period not exceeding six months, the Immediate Operative Instructions issued in commercial circular no.

Gurdial Singh Mann (dead) by LRS and Others, (2001) 4 SCC 262, to submit that this decision is an authority for the proposition that there is no need to expressly refer to a local law when the legislative intent to Advocates repeal local laws inconsistent with the Code of Civil Procedure is otherwise clear. Nowhere in the 2010 Policy, the licensees are classified into two categories, namely, those who were granted licenses prior to the commencement of the 2010 Policy and those who were granted licenses after the said Policy.

The purchaser as an owner under the Motor Vehicles Act is thereafter obliged to obtain certificate of registration which alone entitles him to enjoy the possession of the vehicle in practical terms by enjoying the right to use the vehicle at public places, after meeting the other statutory obligations of Insurance etc. the motor vehicle till its possession is or can be lawfully handed over to him by the dealer without violating the statutory provisions governing motor vehicles.

2014, partly allowed the claim petition and awarded a total sum of Rs. Item 5 of the Schedule to the 1969 Act. Instead of calling for tenders, Advocates the respondent No. 2010 has directed the Zonal Railways to renew the licenses for a maximum period of six months from the Advocates date of issue of the 2010 Policy. Such transfer of possession can take place only when the vehicle reaches the place where the registering authority will be obliged to inspect for the purpose of finding out whether it is a roadworthy and register-able motor vehicle and whether its identification marks tally with those given in the sale invoice and the application for registration.

3 has not called for tenders on the expiry of six months period from the date of coming into force of the 2010 Policy. In response, the owner of the truck, respondent no. from date of filing till its realization to the respondents. Hence, technically though the registration of a motor vehicle is a post-sale event, the event of sale is closely linked in time with the event of registration. Admittedly, manufacture of petro chemicals in factories is not covered by any other entry including entry 4 to the Schedule.

With the handing over of the possession of a specific motor vehicle just prior to registration, the dealer completes the agreement of sale rendering it a perfected sale. International Airport Authority[8] held as under: 3, it is incomprehensible that respondent no. 2 herein filed a Written Statement and denied his liability. (4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or the Code of Criminal Procedure, 1973 (2 of 1974), every court trying an offence under this Act, shall treat the inventory, the photographs of [narcotic drugs, psychotropic substances, controlled substances or conveyances] and any list of samples drawn under sub-section (2) and certified by the Magistrate, as primary evidence in respect of such offence.

Article 14 of the Constitution of India mandates that state action must not be arbitrary and discriminatory. The possession can lawfully be handed over to the purchaser at this juncture because law requires the purchaser as an owner to make an application for registration but at the same time the law also prohibits use of the motor vehicle by the owner until it is duly registered by the Registering Authority.